Question without notice
Tania MAXWELL (Northern Victoria) (12:30):
My question is to the Minister for Workplace Safety regarding the safety of our child protection workforce. WorkSafe investigated the (former) Department of Health and Human Services over claims that excessive workloads were creating an unsafe work environment for child protection staff.
One worker described his working conditions as akin to a game of Russian roulette, and there were reports the department breached no-overwork provisions in the enterprise bargaining agreement (EBA).
The Victorian WorkCover Authority laid two charges in 2019 against the department, alleging it had breached the Occupational Health and Safety Act 2004. WorkSafe deemed this matter serious enough to refer it to the Director of Public Prosecutions for prosecution, which included a committal hearing.
After three years the DPP discontinued the case only a few weeks before the trial date, and it seems the WorkSafe charges did not proceed either.
Did WorkSafe drop these charges in return for an undertaking from the department, and if so, what were the details of any undertakings to improve the safety for these workers?
Ingrid STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood and Pre-Prep) (12:32):
I thank Ms Maxwell for her question. Can I start by acknowledging the incredibly important work that child protection workers do in our state, and it is often in incredibly challenging circumstances? I think it is important to acknowledge the difficult role that they play.
Ms Maxwell, you probably noticed I was looking at the Attorney-General a little bit during that question just because I want to be careful not to skate close to the line here on the separation of powers, which is contained in your question.
As I have said numerous times in the House, WorkSafe’s compliance and enforcement activities are independent. WorkSafe’s role is to ensure that the Occupational Health and Safety Act duty holders are meeting their obligations—very important. That, of course, includes government duty holders. So it is even more important in that regard that their activities are undertaken independently.
I do not really want to comment on the particulars of that investigation and the subsequent court proceedings, nor would it be appropriate for me to comment on any of the decisions made by the Office of Public Prosecutions.
Ms MAXWELL (Northern Victoria) (12:33):
Thank you, Minister.
WorkSafe publishes summaries of prosecutions that result in a plea of guilty or a finding of guilt. It also publishes enforceable undertakings related to these findings.
But when a WorkSafe charge is not pursued against a state department or agency, including where there is an unenforceable undertaking, this is not published.
There is the opportunity for improved transparency here, so I ask the minister: will the government consider future legislation so that the detail and outcome of all WorkSafe investigations of state departments and agencies, including any undertakings, could be published?
Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood and Pre-Prep) (12:34):
Again, I am going to answer this fairly carefully. WorkSafe have got a prosecution policy, which is available publicly. I am obviously very happy to see what other information might be able to be provided to Ms Maxwell in relation to the matters that she has asked about. But from the government’s perspective I can confirm that there are no plans to change the way in which these matters are dealt with. As much as possible there are transparent arrangements put in place about the outcome of prosecutions.
